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Ateneo Law Journal

The Ateneo Law Journal is a fully student-run legal and academic journal and the official law review

The Ateneo Law Journal, a fully student-run legal and academic journal, was founded in 1951. Initially, it was published bi-monthly, representing the collaborative efforts of law student editors and staff members, guided by faculty advisers. The Journal presented an opportunity for students to harness their legal writing and research skills beyond the demands of classroom routine. Discussions, ana

lyses, and criticisms of various legal issues were the products of such fertile tradition. Thus, from scholarly articles and expositions penned by the country’s best, gifted, and most respected legal minds, to notes and comments from passionate law students, the Journal published thought-provoking and noteworthy compositions. As the Journal progressed through time, the contents of its issues evolved with the changing needs of the student body. Earlier volumes dedicated the final issue to digests of significant cases decided by the Supreme Court. For a time, reprinting Bar Examination questions and suggested answers became an integral part of the Journal’s pages. From 1971 to 1973, publication was halted when all co-curricular activities in the Ateneo de Manila University were suspended during the early years of Martial Law. When the Ateneo Law School began conferring the Juris Doctor (J.D.) degree to its graduates in 1991, the Journal adapted to this historical landmark by publishing selected theses of the graduating class. Today, a list of all theses of the graduating batch is found in the September issue. On the other hand, the June issue focuses on important and recent developments in the law, while an Index of all works published in the volume is appended to the March issue. With the introduction of multiple choice questions in the 2011 Bar Examinations, the Journal plans to revert to its practice of reprinting Bar questions in its December issue. The Journal celebrated its 50th anniversary in 2001 with the publication of its 46th volume, marking five decades of legal scholarship and its continuing tradition of excellence. This represented both a milestone for the publication and a challenge of engaging the needs of a new generation, where local statutes and jurisprudence are influenced and confronted by global legal developments and the increasing role of the judiciary and the judicial process in national development. Beginning with Volume 47, the Journal adopted a more stringent admission process where only editors would be admitted directly to the Journal’s Board of Editors, thereby replacing the staff members. Under this new policy, the Journal ceased to be headed by an Editor-in-Chief; instead, an Executive Committee composed of three individuals was established to lead the Board of Editors. In 2008, the Journal published its first Legal Citation Primer — a codification of the Journal’s citation practices and a culmination of over five decades of experience and tradition. In 2011, the Journal concluded its revision and improvement of the said Primer, paving the way for its second edition — the Legal Citation Guide, a more comprehensive and detailed version of its precursor. While providing a venue for the scholastic competence of the law school community, the Journal did not, however, confine itself to merely publishing the writings of faculty members, alumni, and students. Paying tribute to the evolving concept of peace, the Journal collaborated with the Ateneo de Manila University School of Law and the University for Peace — the United Nations-Mandated Graduate School of Peace and Conflict Studies — to create a platform for dialogue regarding the subject of conflict and the peace process. The result was The Peace Process and National Development: An Academic Symposium held on 15 April 2009 at the Loyola Campus of the Ateneo de Manila. The first issue of Volume 54 published speeches and presentations from the conference, as well as articles written by legal experts discussing the special relationship of the law and the courts with the peace process. As the Journal celebrates its 60th anniversary in 2011, the Ateneo Law School similarly commemorates its 75th year. Thus, the year has been marked with events and activities organized in collaboration between the Journal, among other organizations, and its alma mater. This is particularly true with the publication by the Journal of a special issue devoted to the coverage of the Legal Convocation spearheaded by the Law School in August of the said year. Truly, the Journal has continued to be committed to being relevant in the field of legal scholarship, making it one of the Ateneo Law School’s most notable badges of distinction from other law schools. It continues to feature works of legal interest, the latest legislation, and jurisprudence in the form of articles, notes, case comments, legal essays, and speeches. Its issues are now published quarterly, each usually coming under an overarching theme, along with the occasional special issues. Thus, the Journal, after 70 grueling but glorious years, remains steadfast to its tradition of excellence and dedicated to carrying on its role in pushing the boundaries of understanding the complexities of law, even transcending the four walls of the law school classroom.

09/05/2025

The Ateneo Law Journal, for its 70th Volume, is now accepting Articles, Notes, Comments, and Essays from legal practitioners and scholars.

Kindly send your work at least two months before the publication date indicated in .docx format to [email protected].

All papers submitted will be subject to evaluation based on the standards of the Journal.

For those interested, you may contact the Lead Editors of the Issues through their e-mail addresses posted.

Please be informed that by contributing to the Journal, you are agreeing not only to the publication of your work via the traditional printed format, but also in all other forms, whether electronic or otherwise, that the Journal may hereinafter utilize as a means of distributing, publishing, and circulating its content. You also warrant that the submitted work has not been previously published.

14/04/2025

As the celebration of Women’s Month has come to a close, the Third Issue of the Ateneo Law Journal's 68th Volume provides a timely collection of works on emerging women’s rights issues in the Philippine legal system.

The Issue opens with awe-inspiring Foreword articles penned by Supreme Court Associate Justice Amy Lazaro-Javier and Philippine Commission on Women Chairperson Ermelita Valdeavilla whose words seamlessly capture the unwavering determination of Filipino women throughout history.

In the Article entitled "Reproductive Justice: What it Means for Filipino Women," Atty. Amparita S. Sta. Maria examines the prevailing norms surrounding the reproductive health rights of women, with a focus on the legislative progress toward reproductive justice. She offers a compelling critique of the controversial “pro-choice” viewed through the lens of health and empowerment.

Atty. Maria Roda L. Cisnero, in her Article "Titimbangin: Innocent Until Proven Guilty at the Expense of the Best Interests of the Child — Reflections on the Ramifications of People vs. Agao on Child Victim-Witnesses," explores the real-life implications of the Agao case on the treatment of child witnesses in the context of r**e cases. Atty. Cisnero evaluates the judicial truths in Agao by providing a historical context that reflects the deeply-rooted patriarchal biases influencing the handling and resolution of r**e cases in the country.

In the Note "Honor Her Name: Recognizing Violence Committed Against Transgender Women in Dating or Sexual Relationships as Violence Against Women and Their Children Under R.A. 9262," Atty. Yves Peter Carlo D. Medina seeks to address the gap in the Anti-VAWC Act regarding the protection of transgender women’s rights. The Note recommends amending the law to allow for the prosecution of violence committed against transgender women.

Collectively, the works in this Issue underscore the need to reexamine our legal framework to better reflect the lived realities of women. The Journal reaffirms its commitment to advancing justice through legal scholarship. To this end, this Issue serves not only as a reflection, but also as a renewed commitment to ensuring that every woman’s voice is heard, her rights are respected, and her dignity is celebrated.

To access this Issue, kindly click this link: https://tinyurl.com/ALJIssue-No-68-3

12/04/2025

The Second Issue of the Ateneo Law Journal’s 68th Volume is now available online.

This Issue examines the recent amendments to procedural law and their impact on due process, judicial efficiency, and access to justice. With the Supreme Court’s continuous efforts to modernize court processes, these reforms have been crucial in ensuring that procedural safeguards remain aligned with the evolving needs of the legal system.

In the Article entitled, “Call My Accuser Before My Face: The Constitutional Right to Confront Government Physicians and Chemists in Criminal Cases,” Atty. Lawrence Hector B. Arroyo re-examines time-honored doctrines in criminal litigation. The Article forwards due process concerns arising from medico-legal and chemistry reports, which are often admitted in evidence despite the non-presentation of the individuals who prepared them as witnesses. The implications thereof pertain to the right of the accused to cross-examination, emphasizing the role of the hearsay rule in criminal proceedings involving medico-legal reports and chemistry reports.

Atty. Axel Rupert M. Cruz, in his Article entitled, “Discovery in Criminal Proceedings,” centers on the restrictive application of discovery rules under the Rules of Civil Procedure in criminal cases. He opines that the Supreme Court’s stance on the exclusivity of discovery rules limits effective fact-finding and procedural fairness. Aiming to enhance judicial efficiency and safeguard the rights of both the prosecution and the defense, the Article advocates for a more structured approach to the application of such modes of discovery.

In the Comment entitled, “Justice Delayed Is Injustice: Understanding Cagang v. Sandiganbayan,” Atty. Erdelyne C. Go and Atty. Ellen Rose C. Buenaventura analyze the ruling in Cagang v. Sandiganbayan and its implications on the right to a speedy disposition of cases. The Authors review how Cagang refines the standards for determining inordinate delay. It expounds on the balancing test that considers factors such as the length, cause, assertion of delay, and the prejudice suffered by the accused.

This Issue accentuates the significance of procedural law in protecting fundamental rights and ensuring fairness in judicial proceedings. The Articles therein contribute to the continuing discourse on the role of procedural reforms in promoting access to justice and upholding the rule of law.

To access this Issue, kindly click this link: https://tinyurl.com/ALJ-Issue68-2.

17/03/2025

For Volume 69, the Board of Editors of the Ateneo Law Journal admitted new Editors, namely:

Jimuel Ralpgh G. Dalipe
Kyla Andrea Olivienne C. de Castro
Emlyne Shane C. Duldulao
Yanni Jose S. Francisco
John Derick M. Gabrillo
Carl Fredrick P. Sayson
Sofia Faye E. Virtudes

The latest admissions to the Journal's ranks were selected after careful evaluation following a thorough and rigorous application process. Through immersion in the field of legal scholarship, the new Editors have been given the privilege to participate in a tradition of excellence that has become the foundation of a 74-year old institution. Despite the challenges presented by a changing frontier in legal education, they are duty-bound to uphold a lasting legacy while balancing their responsibilities as both Editors and students of the law, emulating those who came before them.

15/03/2025

The aftermath of former President Rodrigo Roa Duterte's arrest and subsequent detention at the ICC Detention Facility in The Hague, Netherlands, have stirred not only Filipinos but also the global community. On 14 March 2025, former President Duterte made his first appearance before the ICC, where he was informed of the formal charges against him and his corresponding rights. His chosen counsel, Atty. Salvador Medialdea, made a statement that, among other things, challenged the legality of the former president's arrest, claiming that he was "abducted" and not afforded due process.

Of relevance is the international law doctrine of male captus, bene detentus (MCBD), which means "wrongful capture, valid detention."

In 2011, the Journal published Atty. Roland Glenn T. Tuazon's Note entitled "Wrongful Capture, Proper Detention? Challenging the Doctrine of Male Captus, Bene Detentus in International Law." The Author intelligently critiques the propriety of MCBD’s status as customary international law, arguing that it could not have developed into a custom due to insufficient State practice and questionable consistency. As a result, Atty. Tuazon proposes a comprehensive analytical framework to challenge its status as customary international law. However, he also acknowledges that, while customary international law takes time to establish, it similarly takes time to de-establish the same. Thus, the MCBD, under the current framework, can only be invalidated when there are exceptional grounds.

In the case of former President Duterte, his legal team must thoroughly examine and consider the wide breadth of international law doctrines and concepts in order to craft a defense that may work in his favor. As announced during his First Appearance, the next hearing in his case is scheduled for 23 September 2025.

To read this Article, kindly click this link: https://tinyurl.com/56AteneoLJ32.

13/03/2025

The First Issue of the Ateneo Law Journal’s 68th Volume is now available online.

This Issue examines the evolution and trajectory of reforms ranging from criminal law to environmental law, taking into consideration the specific needs arising from contemporary challenges facing Philippine society. It provides key insights into both established principles and emerging doctrines in niche fields.

The Article “The Proposed Philippine Code of Crimes (Book One): Salient Features and Comparison with the Revised Penal Code and the Spanish Penal Code” by Atty. Karina Mae P. Garcia & Redbert Chris T. Maines delves into the proposed criminal law reform, comparing it with the current Revised Penal Code and its predecessor, the Spanish Codigo Penal. The Authors note that while the Code of Crimes retains the structure of the Revised Penal Code, it simplifies and significantly reduces the number of provisions under Book One. The Article also emphasizes the need for reform in Criminal Law to address contemporary issues.

In the Article titled “Settling Conflicting Jurisprudence on the Determination of Heirship in a Special Proceeding as a Prerequisite to an Ordinary Civil Action: An Examination of the Landmark Case of Treyes v. Larlar,” Atty. Leonardo M. Camacho, with co-authors Aila Rose F. Asuelo and John Andre B. Miranda, explores the significant impact of the Treyes doctrine on Remedial Law and the Law on Succession. The Authors trace the jurisprudential development of a prior doctrine and contrast it with the nuances of Treyes. The Article also forwards how the Treyes doctrine advances the just, speedy, and efficient administration of justice.

Atty. Ericka Therese P. Uyguangco, in her Note “Is Trusting the Process Enough?: Introducing the Public Trust Doctrine to All Natural Resources, Exploring Its Placement in the Philippine Environmental Laws, and Supplementing the Rules of Procedure for Environmental Cases,” provides a novel approach on the State’s role in protecting the public by introducing the Public Trust Doctrine. The Article expounds its potential application to public utility corporations and other natural resources such as minerals, forests, and flora and fauna.

The Issue presents various novel perspectives from the different fields of law, reflecting its ever-changing and complex nature. It likewise invites readers to reevaluate the current legal framework and long-held beliefs in light of today’s cultural, political, and environmental milieu.

To access this Issue, kindly click this link: https://tinyurl.com/ALJ-Issue68-1.

12/03/2025

The Fourth Issue of the Ateneo Law Journal’s 67th Volume is now available online.

This Issue looks into the continuing concern of the narrow access to justice that has long plagued the country’s legal system. Through this Issue, problems involving novel challenges in social justice are highlighted as necessary discussions to have towards expanding access to justice and reforming the legal system.

Atty. Nicolene S. Arcaina and Atty. Sabrina Victoria M. Dayao, in "Towards Our Obscurity: An Essay on Decentering the Role of Alternative Lawyers in the Quest for Justice in the Context of the Philippine Drug War Cases of Morillo v. PNP and Daño v. PNP," features alternative lawyering and its role in upholding human rights in the context of Former President Rodrigo Roa Duterte's "War on Drugs." The Article presents real-life cases of human rights victims, Morillo and Daño, narrating their experiences working with CenterLaw, a human rights advocacy group. The Article highlights the necessity of alternative lawyers in providing adequate access to justice for victims without readily available means to engage representation in the protection of their right to life and right to security.

In the Article entitled "Office Conflict: An Analysis of Section 22, Canon Ill of the 2023 Code of Professional Responsibility and Accountability vis-a-vis Conflict of Interest Under Philippine Law and Jurisprudence and the Social Justice Mandate of the Public Attorney's Office," Atty. Maria Patricia DV. Santos and Atty. Carl Lyndon C. Santos examine how Section 22, Canon Ill of the 2023 CPRA seemingly is inconsistent with the jurisprudential legal framework of conflict of interest and the current policy of the PAO thereon. Nonetheless, interpreting Section 22, Canon Ill of the 2023 CPRA as a provision that balances the fundamental rights under the Constitution, in relation to free access to justice in furtherance of the PAO's mandate and the rights and principles sought to be protected by conflict-of-interest rules, may give light to the rationale and reasonable basis behind this new rule.

In Atty. Brian Kelvin V. Pineda’s Note entitled “Thy Will Be Done: Addressing the Insufficiency of the Mental Health Act in Relation to the Principle of Universal Legal Capacity Under Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, to Ensure and Protect the Legal Capacity of Persons with Disabilities, in All Stages of Life,” several issues were raised regarding the inadequate legal protection for PWDs under the current system. The Note compares the rights extended to PWDs under Philippine law with those under the United Nations Convention on the Rights of Persons with Disabilities.

Apart from the above mentioned discussions, the Issue aims to explore other novel questions in bridging the gap between our existing laws and the legal system’s ultimate goal — to serve as a force in maintaining justice and equity.

To access this Issue, kindly click this link: https://tinyurl.com/ALJ-Issue67-4.

21/02/2025

The period for the submission of applications ends today at 11:59 P.M. The deadline for the other application requirements is on 26 February 2025.

Immerse in the tradition of excellence. Be part of the legacy.

Application forms are available at bit.ly/ALJvol69Application. More details about the application requirements will be sent upon submission of the application form.

For any further queries, please message the Ateneo Law Journal page.

20/02/2025

The period for the submission of applications ends on Friday, 21 February 2025, at 11:59 P.M. The deadline for the other application requirements is on 26 February 2025.

Immerse in the tradition of excellence. Be part of the legacy.

Application forms are available at bit.ly/ALJvol69Application. More details about the application requirements will be sent upon submission of the application form.

For any further queries, please message the Ateneo Law Journal page.

14/02/2025

The Ateneo Law Journal is extending its application period until 21 February 2025. Take part in the preservation of the Journal's 73-year heritage of legal scholarship.

Immerse in the tradition of excellence. Be part of the legacy.

The application form can be accessed at bit.ly/ALJvol69Application. For any further queries, please message the Ateneo Law Journal page.

10/02/2025

Since its humble beginnings in 1951, the Ateneo Law Journal has been run by dedicated, competent, and passionate student Editors who turn into Alumni who carry with them the principles espoused by the Journal and make their respective marks in the community. One of our notable alumni is Dean Cynthia R. Del Castillo.

To know more about the Journal’s other notable alumni, you may visit the Ateneo Law Journal website at https://ateneolj.com/alumni.

Take part in the preservation of the Journal's 73-year heritage of legal scholarship. Immerse in the tradition of excellence. Be part of the legacy.

The Ateneo Law Journal is accepting applications from second and third year students who aspire to be Editors for its 69th Volume. Interested students may submit their completed application forms until 14 February 2025.

The application form can be accessed at bit.ly/ALJvol69Application. For any further queries, please message the Ateneo Law Journal page.

Address

Room 306, Law Publications Center, Ateneo Professional Schools Bldg. 20 Rockwell Drive, Rockwell Center, Makati City
Makati

Opening Hours

Monday	12pm - 9pm
Tuesday	12pm - 9pm
Wednesday	12pm - 9pm
Thursday	12pm - 9pm
Friday	12pm - 9pm
Saturday	12pm - 7pm

Telephone

899-7691 (loc.) 2317

Website

http://www.ateneolj.com/

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The Ateneo Law Journal is a fully student-run legal and academic journal founded in 1951. Since its inception, the Journal has provided a unique opportunity for students of the Ateneo Law School to hone their legal writing, research, and analytical skills beyond the four walls of the classroom. Through the collaborative efforts of student editors, faculty advisers, and the country’s most gifted and respected legal minds, the Journal has built a fruitful tradition characterized by excellence and passion for justice and the law.

Over the decades, the Journal has remained to be one of the benchmarks in legal scholarship in the country by providing a comprehensive forum where thoughts, ideas, and opinions meet on legal matters, whether of interest to the Bench, the Bar, the law student, or the common Filipino. It endeavors to carry on its role in pushing the boundaries of understanding the complexities of law and its application in our daily lives, recognizing that the law is dynamic and must respond to the constantly evolving needs of society.

After 68 years, the Journal remains steadfast to its tradition of excellence, as it features thought-provoking and notable works of legal interest, the latest legislation, and jurisprudence in the form of articles, notes, case comments, legal essays, and speeches. Its issues are now published quarterly, each with an overarching theme, along with occasional special issues.